Padilla v. Reed

Summary

The New Mexico Court of Appeals affirmed the dismissal of Thomas M. Padilla’s complaint for failure to serve Stacy L. Reed within the time ordered by the district court. The court held that the twenty-month delay in service, including the failure to meet the district court’s thirty-day deadline after reinstatement, supported dismissal under an objective due-diligence standard. The opinion is an unpublished memorandum opinion.

Holdings

1. A district court may dismiss a complaint when, under an objective reasonableness standard, the plaintiff fails to exercise due diligence in serving the defendant, and the delay need not be intentional. The district court did not abuse its discretion in dismissing Plaintiff's complaint after a twenty-month delay in service and failure to meet the court-ordered thirty-day deadline.

Questions Presented

1. Whether the district court abused its discretion by dismissing the complaint for Plaintiff's failure to exercise due diligence in serving Defendant within the court-ordered time.
2. Whether settlement negotiations and Plaintiff's notice to the district court excused the delay in service.

Disposition

affirmed